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Home My WebLink About20121261.tiff HEARING CERTIFICATION DOCKET NO. 2012-30 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0010, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (DENTAL OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT — ALAN AND CATHY WHITTERN A public hearing was conducted on May 16, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair- EXCUSED Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer- EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: ID I hereby certify that pursuant to a notice dated April 13, 2012, and duly published April 18, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Alan and Cathy Whittern, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0010, for any Use permitted as a Use By Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (dental office) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. El Chair Pro-Tem Garcia advised Dr. Cathy Whittern, applicant, that she has the option of continuing this matter to a date when the full Board will be present. However, if she decides to proceed today, it will require three affirmative votes, or the case will be deemed denied. Dr. Whittern indicated she would like to proceed today. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He gave a brief overview of the location of the site, and stated the City of Longmont and Town of Firestone indicated no concerns, and the Town of Mead and Boulder County did not respond to the referral request. Mr. Ogle stated staff received no correspondence from surrounding property owners and 14 referral agencies reviewed the proposal. He explained the application was submitted to resolve an active zoning violation, which will be closed, if this application is approved and the plat recorded. If the case is denied, then the operation will need to be removed from the site within 30 days. Mr. Ogle displayed a vicinity map and photographs of the site and surrounding area. C 2 l t4 PL, P w, i4'L 2012-1261 L -(°I la PL2159 HEARING CERTIFICATION -ALAN AND CATHY WHITTERN (USR12-0010) PAGE 2 Heidi Hansen, Department of Public Works, indicated she has no concerns with the request, since it will generate minimal traffic and a water quality feature is not required. El Lauren Light, Department of Public Health and Environment, stated the site is served by the Longs Peak Water District, and Condition of Approval #1.D requires the installation of a backflow prevention device. She stated the septic system is adequate for the residents and six patients, and Development Standard #10 requires an Engineer's review if the number of people increases. She further stated the applicant has submitted a Dust Abatement Plan and a Waste Handling Plan, and she thanked the applicant for meeting all of the Health conditions prior to the hearing. In response to Commissioner Rademacher, Ms. Light confirmed the applicant resides at the house and the septic is suitable for six patients, in addition to the residents. el Dr. Whittern stated her request will change the use from a Home Business to a permitted Clinic. She explained she works part-time while raising her family and the request for up to six patients is adequate. ID No public testimony was offered concerning this matter. In response to Chair Pro-Tem Garcia, Dr. Whittern referenced Development Standard #21 and clarified there may be rare instances of emergency when she will need to treat a patient outside of regular business hours. Responding to Commissioner Rademacher, Dr. Whittern stated as her kids leave home the septic system will be able to accommodate more patients or an employee, and Ms. Light concurred. Mr. Ogle proposed modifying Development Standard #21 to add the phrase, ". . . daily, and the dental office is able to accommodate unforeseen circumstances, as stated in the application materials." Responding to Chair Pro-Tem Garcia, Dr. Whittern stated she has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Rademacher moved to approve the request of Alan and Cathy Whittern for a Site Specific Development Plan and Use by Special Review Permit, USR12-0010, for any Use permitted as a Use By Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District (dental office) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion also included modifying Development Standard #11 to add the phrase, ". . . daily, and the dental office is able to accommodate unforeseen circumstances, as stated in the application materials." The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:34 a.m. 2012-1261 PL2159 HEARING CERTIFICATION -ALAN AND CATHY WHITTERN (USR12-0010) PAGE 3 This Certification was approved on the 21st day of May, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Sean P. Co , Chair Weld County Clerk to the Board j Wi is F. Garcia, Pro-Tern BY: Deputy CI k to the Board/ooloi^%,, EXCUSED \ t` B ara Kirk ey ` a E. Long V ac % . � Cs. Dougla Rademach r 2012-1261 PL2159 / � . a / f \ \ ® / % & \ » 03 0 d \ \ \ ) � � � 7 g . � .? ( ; � \ , \ x3 ,cc s a .02 \ G o P \ / et Ui o / / / re a. % e $ i § R . 7 zcs i_pi 0 \ af / N « a 0 . a • j2 • o ■ g . § &z ° \ w § R k m / \ { % •. I- « E to ! & 4 « 2 / ] a O ILI k / \ « ) © § k 5 k ) i9 w C 4 D 0 z « E w = zz o j2 i o k k { GI , 0 LU CO 5 im O y \ j f ? ° -;0. / co , k ?5,1/4- _, 9 � � � zO � \ % % 0 sl.' o � * ° / z ujuj § uj a 0 � � \ 2 0 0 -I z \ _ 0 0 a. EXHIBIT INVENTORY CONTROL SHEET Case USR12-0010-ALAN AND CATHY WHITTERN Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing(Minutes dated 5/1/2012) C. Mary Hattel-Goodwin Letter,Contract,and Property detail E-mail re:Request to work during construction,dated D. Applicant 4/25/2012 E. Applicant Two Photos of Radiation Machine Licenses F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello